ORDER :

HEMANT CHANDANGOUDAR, J.

The Writ Petition has been filed seeking issuance of a Writ of Certificated Mandamus to quash the proceedings in Na.Ka.No. A2/570/29567/2014 dated 30.01.2015 issued by the fifth respondent and to consequently direct the respondents to consider the petitioner’s service seniority for promotion from the post of Head Constable to Sub Inspector of Police (Armed Reserve), Tamil Nadu Police Department, in accordance with the Tamil Nadu Police Subordinate Service Rules, by taking into account the petitioner’s date of recruitment, and to promote him as Sub Inspector of Police (Armed Reserve), Salem Range, with appropriate seniority and attendant benefits.

2. The petitioner was selected and appointed as Grade-II Police Constable in the Tamil Nadu Police Service on 15.04.1997. He was posted as Grade-II Police Constable in the Armed Reserve, Namakkal District, from 16.12.2002. On his request, he was posted to the Armoury on 02.09.2005 and underwent Armourer training from 23.01.2006 to 23.11.2006. Upon completion of ten years of service, he was placed in Selection Grade as Grade-II Police Constable with effect from 15.04.2007 and was upgraded as Grade-I Police Constable on 05.07.2007. Thereafter, he was promoted as Head Constable with effect from 01.05.2012 and completed his probation in the said post on 21.06.2014.

3. The sixth respondent was recruited as Grade-II Police Constable on 01.11.1997. After completing institutional training, he was posted in the IV Battalion, Coimbatore, and later transferred to the District Armed Reserve, Dharmapuri District. He opted to serve in the Armoury and, based on his willingness, underwent Police Armourer Basic Training from 22.01.2007 to 22.11.2007. Upon completion of training, his name was included in the Armoury list and he was posted as Police Armourer by order dated 14.12.2007 issued by the Superintendent of Police. He was relieved from the Armed Reserve and reported for duty on 02.01.2008. On completion of ten years of service, he was upgraded as Grade-I Police Constable with effect from 01.11.2007.

4. Both Dharmapuri and Namakkal Districts fall under the jurisdiction of Salem Range. The grievance of the petitioner is that although he was recruited prior to the sixth respondent, the sixth respondent, who had completed seven years of service including four years as Head Constable, was promoted as Sub Inspector of Police in Salem Range, ignoring the petitioner’s seniority. According to the petitioner, such action is arbitrary, discriminatory, and liable to be set aside.

5. The petitioner further contended that he was denied promotion on the ground that no vacancy was available in Namakkal District. He submitted that seniority ought to have been maintained on a range-wise basis for Salem Range and not district-wise. If a combined seniority list had been maintained for the Range, his name would have been placed above that of the sixth respondent. In support of his contention, he relied upon the judgment of the Division Bench of this Court in W.P. No. 25043 of 2002 dated 08.09.2007 (N.K. Kaladaran and another v. State of Tamil Nadu and others).

6. In response, the learned Government Advocate appearing for respondents 1 to 5 and the learned Senior Counsel appearing for the sixth respondent submitted that the petitioner was serving as Constable and later promoted as Head Constable in Namakkal District, whereas the sixth respondent was appointed and promoted in Dharmapuri District. Since seniority in the cadre of Head Constable is maintained district-wise, the sixth respondent’s name was included in the ‘C’ List for promotion to the post of Sub Inspector of Police in his district. As there was no vacancy in Namakkal District, the petitioner’s name was not included in the ‘C’ List. It was further submitted that, as per Rule 3(ii)(b) of the Special Rules for the Tamil Nadu Police Subordinate Service, a candidate must have completed a total service of seven years and must have ser